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§ 3-114. Eligibility for release or discharge from commitment

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 3. Incompetency and Criminal Responsibility in Criminal Cases (Refs & Annos)
MD Code, Criminal Procedure, § 3-114
§ 3-114. Eligibility for release or discharge from commitment
In general
(a) A committed person may be released under the provisions of this section and §§ 3-115 through 3-122 of this title.
Eligibility for discharge
(b) A committed person is eligible for discharge from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if discharged.
Eligibility for conditional release
(c) A committed person is eligible for conditional release from commitment only if that person would not be a danger, as a result of mental disorder or mental retardation, to self or to the person or property of others if released from confinement with conditions imposed by the court.
Burden of proof for release
(d) To be released, a committed person has the burden to establish by a preponderance of the evidence eligibility for discharge or eligibility for conditional release.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
MD Code, Criminal Procedure, § 3-114, MD CRIM PROC § 3-114
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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